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P. O. Box 661 


Hampden, Maine 04444 


P. L. Mossman, M.D., Editor 


Volume 37, No. 2 August, 1997 


Serial No. 1 05 


r 



J. C. Spilman, Editor Emeritus 


CNL - 105 





Editorial 

Page 1695 


A New FUGIO CLUB RAY Discovery 
Newman 25-PP 
Pages 1697 - 1698 


James C. Spilman 
Fugio Attribution Scheme 
Pages 1699 - 1700 


Michael J. Hodder 
The Case Against Thomas Goadsby 
Pages 1701 - 1714 


Charles W. Smith, Ph.D. 
The Annotated Halfpenny 
Pages 1715 - 1727 


Sequential page 1693 

Copyright ® 1997 by The American Numismatic Society 

Registration No. TX5-1 20-603 





April 1997 


THE COLONIAL NEWSLETTER Sequential page 1 695 



EDITORIAL 


Lightning seems to follow Tony Terranova, so 
stand back!! He has come up with another 
unique Fugio copper combination struck from a 
pair of heretofore unknown dies. Ye Editor 
Emeritus, Jim Spilman, a Fugio specialist, of- 
fers some valuable commentary. 

Several years ago, in an informal dialogue with 
Jim Spilman, we discussed the “romance” of 
Confederation coppers as I sought to define all 
the artistic, physical and social science disci- 
plines which impact on the study of colonial 
numismatics. To my list Jim added the follow- 
ing comment: “In regard to early American 
coinages we have the added attraction of a 
great deal of personal history of the coiners and 
promoters that can be integrated into the Sci- 
ence and Art aspects [of pre-Federal numis- 
matics] ....” There were many strong personali- 
ties involved in the production of state coppers, 
many of whom left their trail in time for us to 
follow. In this issue of CNL, Mike Hodder makes 
Thomas Goadsby step out of his role as Tho- 
mas Goadsby, coiner, as he skillfully reintro- 
duces him to us as Thomas Goadsby, citizen. 
This is a fascinating glimpse into the private life 
ofthe man of New Jersey coinage fame wherein 
his political sentiments and social sensitivities 
are examined within the context of post-Revo- 
lutionary America. 

In forthcoming issues, we plan to bring you the 
personal history of two more famous Ameri- 
cans whose lives were intimately associated 
with numismatics, Dr. Edward Maris and Paul 
Revere. 


The “Birmingham Halfpenny,” annotated by Dr. 
Charles Smith, contains a treasure-trove of 
information about the counterfeit coppers which 
formed a substantial part of the small change 
medium of early America. This rare manuscript 
was the object of months of research as he 
deciphered its archaic argot to uncover the 
intended significance and message of this little 
“chap book.” These bogus halfpennies were 
the numismatic ancestors of all our pre-Federal 
coppers as one recalls that the primary motive 
for Confederation coinages was to provide good , 
true weigh coppers designed to drive such illicit 
issues out of circulation. The hero of this yarn, 
a cast William III copper, was not unlike those 
unearthed in the Philadelphia Highway Find 
reported by Eric Newman.^ I personally have 
liberated two such cast pieces from dealers’ 
junk boxes in northern Maine. So this is not a 
far-fetched story of Merry Ole England, but 
rather a tale very applicable to British North 
America. In fact it may provide the “missing link” 
from which we can learn valuable lessons as to 
the production, distribution and circulation of 
counterfeit coppers in this country as well. 

The preparation of this manuscript was a very 
labor intensive project, not only in terms of 
Skip’s research, but also in regard to the fantas- 
tic editing job accomplished by Associate Editor 
Gary Trudgen in scanning the old manuscript 
from which he removed numerous stains and 
extraneous marks deposited on the pages by 
the ravages of time. Thank you both for your 
efforts. 

The Editor 


^ Eric P. Newman and Peter P. Gaspar, “The 
Philadelphia Highway Find,” The Numismatist, 
1978, pp. 453-67. 


August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 697 


A New FUGIO CLUB RAY Discovery 
Newman 25-PP 
from 

Anthony Terranova; New York, NY 
(TN-175) 

We recently received a brief note from CNL Patron Anthony Terranova with the terse comment, “Looks 
like lightning struck again and indeed it did! That understatement introduces the fact that Tony has found 
yet another new, concave end Club Rays FUGIO. Y ou will recall his prior discovery of 24-MM reported 
in the CNL in July 1979 (pp. 677-78). This new variety, in accordance with Eric Newman’s system of 
attribution,* has been designated 25-PP and was struck from two previously unknown dies. 



New Fugio Club Ray Variety 
Newman 25-PP 

Photograph provided by: Tony Terranova 
(Shown 2X actual size.) 

As colonial enthusiasts are aware, FUGIO coppers can be defined into three major types based on the 
characteristics of the rays emanating from the central obverse sun. By far, the Fine Rays lead the pack in 
sheer numbers; the Club Rays varieties, which are distinctly in the minority, are further distinguished by 
two subgroups, those whose club rays have convex ends (which the late Walter Breen called “Baseball baf ’ 
or “Round” ends) and those with concave ends (which Walter called “Musket Butt ends”). On closer 
scrutiny, it becomes evident that these three groups are quite different in several ways. 

I would like to refer our readers to J. C. Spilman’s analysis of the Club Rays FUGIOS in CNL (sequential 
pages 179 to 183), with particular attention to the diagnostics of the convex end club rays, Newman 
varieties 2, 5, 23, and now 24 and 25.^ 

A major feature of this subset concerns the nature of the G in FUGIO; in 5, 24 and 25, this G is punched 
from a C and a crossbar added by hand whereas in 2 and 23, this crossbar detail was overlooked by the die 


' Eric P. Newman, "Varieties of the Fugio Cent," The Coin Collector’s Journal, July-August 1952, pp. 10-20. 
^ Also see James C. Spilman, CNL pp. 378-82 for more on distinguishing Fugio die varieties. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 698 


sinker with the resultant FUCIO error. Certainly the G in this new discovery lacks the same artistic detail 
of the Gs in the Fine Ray series suggesting that it, too, was improvised from the letter C. Spilman has also 
reported a different style of 7 in the date in the convex types, a finding which also holds true for the new 
25 obverse. The position of the cinquefoil following FUGIO clearly is different from 24 making obverse 
distinction fairly simple. 

The reverse die, PP, is a UNITED STATES type with two “raised” cinquefoils on the band giving the 
impression that the ornaments are in relief These cinquefoils are similar to the MM die except that the label 
on that variety is STATES UNITED. The weight of this new discovery, 159.1 grains, is consistent with 
the heavier nature of this group of concave Club Rays which exceeded the legal requirement of 157.5 
grains.^ The heavier planchet weight definitely separates this variety from its lighter Fine Rays and convex 
Club Rays companions. 

The mystery continues and we are no closer to discovering the true origin of either of the Club Rays FUGIO 
types than we were in 1 979 (although Spilman has suggested that they may be a product of Machin’s Mills 
based on the “fabric” of the planchets or a product of the Rupert, V ermont mint based on the known “travel” 
of Connecticut hubs to the Rupert mint.) 

Tony’s concluding statement was another understatement, “As far as how to know when you have new 
dies, well - you just know!” But for those of us, like this editor, who lack an eidetic memory, perhaps the 
following schematic will be helpful in recalling the specifics of the concave and convex end Club Rays 
varieties. PLM 


CLASSIFICATION OF CLUB RAYS FUGIO COPPERS'* 


A 

B 

C 

D 

E 

F 

G 

H 

concave 

FUCIO 

yes 

2 

United States 

C 

Incuse 

R7 

convex 

FUGIO 

yes 

3 

United States 

D 

Incuse 

R3 

convex 

FUGIO 

yes 

4 

United States 

E 

Incuse 

R3 

concave 

FUGIO 

no 

5 

United States 

F 

Incuse 

R7 

concave 

FUGIO 

no 

5 

United States 

HH 

Incuse 

R7 

concave 

FUCIO 

yes 

23 

United States 

ZZ 

Incuse 

unique 

concave 

FUGIO 

yes 

24 

States United 

MM 

raised 

unique 

concave 

FUGIO 

yes 

25 

United States 

PP 

raised 

unique 


LEGEND: 

A: Style of ray - convex [round end] or concave [musket butt] 
B: FUGIO or FUCIO 
C: Cinquefoil following FUGIO 
D: Newman obverse designation 

E: Reverse legend on reverse band (relative to WE ARE ONE) 
F: Newman reverse designation 
G: Nature of cinquefoils on reverse band of coin 
FI: Sheldon rarity of die variety combination 


^ See Mossman, Money of the American Colonies and Confederation, pp. 209, 211, 215. 
See the following sidebar article titled “Fugio Attribution Scheme.” 




August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 699 


FUGIO ATTRIBUTION SCHEME 

by 

James C. Spilman (ye Editor) 
(TN-176) 


In recentyears, the method of choosing a newdesignation fora Fugio obverse or reverse has been 
to use the next open number or letter; therefore, TonyTerranova’s new Club Ray Fugio has been 
designated 25-PP which follows 24-MM (obverse) and 1 0-00 (reverse) in the current attribution 
scheme. 

This, however, has not always been the case. In the beginning when Eric P. Newman first 
published his monograph on the Fugios (in 1 949) he selected two basic categories of Fugios. First 
were the “standard” varieties which included both Fine Ray and Club ray varieties, all of which 
appeared to have been struck from 1 8th century dies, and a non-standard category which included 
those other things that did not appear to be genuine 18th century Fugios; especially the “New 
Havens” all of which appeared to have been struck from modern dies. 

Even earlier Boyd, Douglas and Crosby had each developed a Fugio attribution methodology 
based on the Miller scheme of a numeral for obverses and a letter for reverses (except Crosby 
reversed the order!). None of these, however, were ever published and their only use today might 
be for “translation” purposes on an very old coin envelope or notebook notation. 

By 1 960 the Fugio family appeared to have stabilized, but then, as new interest grew in the early 
American coinages, a few new Fugio varieties were discovered. At first, Eric Newman, Dave 
Bowers and ye Editor decided to name new reverses as a double letter with the first letter being 
the same as the existing die variety which it most closely resembled. In that manner varieties 1 7- 
WW and 1 9-SS were named and published by Dave Bowers & James Ruddy in their December 
1958-January 1959 (Issue No. 4) of Empire Topics. Thus it was that Reverse SS “similar to S” 
received the double letter designation. 

It very quickly became obvious that the “similar to” technique was unworkable - exceptionally 
subjective - and required excessive study to establish what and why two varieties might be 
“similar.” At the suggestion of Eric Newman to ye Editor we decided to use the next open 
appropriate numeral or letter as new die varieties were discovered. 

The numerals were no problem. Genuine Fugio obverses start with numeral 1 and today have 
reached 25 with the discovery of 25-PP. And - there is no problem of confusion since the “non- 
genuine” Fugios - New Havens for example - start in the 1 00 series with 101, 102, 103, etc. 

The reverse designations present a different situation, however, as some double letter reverses 
were chosen in the beginning (in 1949). These include CC for the “regular” series and AA, BB, 
DD, EE, FF, and GG in the Patterns and New Haven categories, as well as JJ and UU fora couple 
of mavericks. All of these reverse designations are skipped in the “regular” series in order to avoid 
confusion. When 5-new appeared in 1965, it therefore was designated 5-HH. 


This methodology has continued to the present time, (with a couple of exceptions) until today we 
have 25-PP. The next pair of open designators are 26 and QQ. 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 700 


There remain several out-of-sequence reverse designations which have already been used 
including, in addition to those listed above, LL, SS and WW. The combination “II” was skipped 
intentionally because of the difficulty of discriminating between (eye-eye) and the Roman numeral 
two. 

The confusion of obverse and reverse designations outlined above can be resolved into a much 
better visual depiction by referring to “Appendix A - Summary Worksheet Update; January 1991” 
on CNL sequential pages 1239 & 1240. Here, all ofthe varieties are tabulated (except 25-PP, of 
course) within their specific family and this tabulation provides a visualization of all ofthe various 
die variety designations. 

While this bit of Fugio trivia may not be of much interest to some, ye Editor thought our Patrons 
might appreciate having a record of why and how the Fugio Newman attributions are the way they 
are today. 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 701 


THE CASE AGAINST THOMAS GOADSBY 

by 

Michael J. Hodder; Wolfeboro, NH 
(TN-140A) 

It is not often that a figure familiar to us from numismatics steps out of role to play a part on the 
larger stage of History. Matthias Ogden of New Jersey coinage fame did, when he was 
commissioned to carry from France to Congress the news that the Treaty of Paris had been signed 
in 1 783. Thomas Machin, the engineer who constructed the great chain across the Hudson, was 
another numismatic figure who stood out for a while against the backdrop of his time. Most of the 
coiners and jewelers, engravers and die sinkers about whom we know something did their jobs 
well or badly, lived their lives well or badly, but left little more evidence of their having been here 
beyond the coins they helped make. 

Occasionally, the lucky survival of a letter or a diary can shed new lighten the life of a numismatic 
personality. In some very rare cases, the newly found document plucks that life out of its 
numismatic niche and places it squarely on the stage of History. The case of the New York 
Assembly v. Thomas Goadsby is just such an example. 

Goadsby’s name is most familiar to collectors of colonial coins as one of the three partners in the 
1 786 contract to make copper coins for the State of New Jersey. We know that the partnership 
dissolved late that year and was reconstituted as an agreement between only two of the original 
partners, Goadsby and another Englishman, Albion Cox. We also know that this second 
partnership in turn dissolved, late in 1787 or early the next year, and was never revived. 

Gary T rudgen, our best biographer of colonial era coiners, has developed other information about 
Goadsby. Gary found that Goadsby first came to America early in 1783. Landing in New York City, 
then still occupied by the British, Goadsby set up an importing business at 40 Hanover Square 
specializing in silks and gauzes, the luxury end of the clothing business. 

While reviewing the journals of the New York Assembly, T rudgen found that Goadsby had run afoul 
of the law in what must have been a big way in March, 1785. According to the summary of the 
case, Goadsby was brought before the New York State Assembly on March 22, accused of 
exciting and promoting “...dissension and disaffection to the Government.” as the bill of indictment 
read. Goadsby pled not guilty, his future partner Albion Cox testified forthe prosecution, and three 
days after his arraignment Goadsby was found guilty, ordered to apologize to the Assembly, and 
was fined costs.* 

Since the record in the Assembly’s journal was little more than a resume of the proceedings, many 
specific details about the case were not included. We did not know, therefore, why Goadsby had 
been accused of so serious a crime as incitement to rebellion. The present writer suggested that 
Goadsby might have been one of those wealthy New York City merchants opposed to the 
formation of early trade unions favored by the Assembly, and whose opposition led him into 
seditious speech. 


* Editor's Note: For a complete transcription of the Assembly proceedings concerning Thomas 
Goadsby, see CNL sequential pages 1288 through 1290. GAT 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 702 


So the story seemingly ended, with Goadsby inexplicably indicted and convicted of a serious crime 
and no historical record to explain why. Then about two months ago, a happy discovery was made. 
Dave Bowers, whose name needs no introduction to collectors of colonials, purchased a complete 
set of a famous 1 9th century publication, the Historical Magazine. Typical of its kind and era, this 
publication featured original articles on historical subjects, as well as reprints of older texts both 
well known and obscure. There were some duplicate copies of individual issues in the set Dave 
bought, and he gave those to me. 

It was in one of those duplicates that I found the missing document that explained why Goadsby 
fell afoul of the law. More importantly, the letter showed Goadsby to have been more than just a 
cloth merchant or, later, a maker of coins. He was also something of a minor player on History’s 
stage and he seems to have left an impression, at least on the minds of his fellows, that lasted 
beyond the event that thrust him forward. 

The document is a letter written in New York City by John Thurman, Jr. on September 8, 1 785. 
The letter was addressed to Thurman’s friend William Smith, originally a New Yorker, but then 
resident in London. From the context, it appears that Smith was clearly one of those “banished” 
Tories who had lost all in 1783.* The letterconcerns several subjects, including matters of interest 
solely to Thurman and his friend. I have appended that part of the letter that directly concerns 
Goadsby and his legal entanglements. Readers who want to read the entire letter may refer to 
the Historical Magazine, second series, v. IV, No. 6 (December, 1868), pp. 294-295. 

Before we get to the events related in Thurman’s letter, perhaps we might become acquainted with 
the writer. John Thurman (1732-1809) was born in New York City. He was active as a merchant 
by 1760, selling drygoods, hardware, groceries, and other sundries. He had many customers in 
Albany and the western settlements, and is known to have accepted furs in exchange for goods 
in lieu of cash. In 1775, despite public warnings, Thurman continued to sell military stores to the 
British army. In consequence, he was continually harassed by the New York Sons of Liberty. In 
Albany in July, 1 778, Thurman refused to take an oath of loyalty to New York State, even though 
he was opposed to Great Britain’s taxation policies. He was removed by a local committee of 
safety and forced to stay behind the British lines during the war. Arriving in New York City early 
in 1 779, Thurman found the house he owned there occupied by a Tory from Boston, who had been 
lodged in it by the British army. Thurman tried to recover his house, fell into an argument with the 
occupant, and was grabbed and paraded through the city streets and then incarcerated for 
disturbing the peace. After the war, Thurman returned to (alternatively, he may never have left) 


* Editor's Note: William Smith was Chief Justice of New Y ork from 1763 until the American Revolution. 
After graduating from Yale in 1 745, he studied law in his father’s law office with William Livingston, the 
future governor of New Jersey. Smith was admitted to the bar in 1750 and, afterwards, he and Livingston 
operated a highly successful law practice. Smith married Janet Livingston in 1752. 

Like his friend Thurman, Smith attempted to remain neutral during the Revolution. However, when he 
refused to give the Test Oath in 1 777 he was paroled to Livingston Manor on the Hudson. When he refused 
the oath again the following year, he was banished to British occupied New York City. 

When the British army evacuated the city in 1783, he embarked with the British Commander in Chief, Sir 
Guy Carleston, aboard the frigate Ceres for England. They arrived in Plymouth on January 10, 1784 and 
proceeded to London. Smith remained in England until 1786 and then moved to Canada to take up the post 
of Chief Justice, which he had been appointed to on September 1, 1785. He held this post until his death 
in 1793. GAT 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 703 


New York City, but he soon assigned his business there to nephews. In later life, Thurman 
removed to Johnsburgh in Warren County, New York, where he died aged 77, after being gored 
by a bull. If Thurman had no reason to love the patriots, who had forced him to leave his Albany 
home, he had less reason to love the British, who in turn had confiscated his New York City house. 
Thurman was one of the many Americans who sided with neither Tories nor rebels, and was 
persecuted by both sides. 

In writing to his friend Smith, Thurman related the substance of a conversation he had with a mutual 
friend, William Livingston, governor of New Jersey. According to Thurman, Livingston was imbued 
with exactly those virtues of thrift and plainness that threatened the livelihood of a dealer in 
imported luxury goods. Livingston’s republicanism brought to Thurman’s mind an episode in his 
own life that made a strong impression on him. 

As Thurman tells it, his friend Thomas Goadsby had arrived in New York City after the signing of 
the Treaty of Paris, that ended the war between Great Britain and America (Goadsby’s first 
business advertisement actually appeared in the June 9, 1783 issue of the New York Gazette). 
At some time during the first quarter of 1785, Goadsby received a tax bill from New York City, 
charging him with an assessment that he felt was illegal because Goadsby believed he was not 
subject to the tax, basedonthefactthathehad notarrived in NewYorkuntil May, 1783. However, 
the law that established the tax, called by Thurman the “Partial Law”, must have stated that the 
tax applied equally to Goadsby as well as to others (the “Partial Law” has proved resistant to 
identification). Goadsby was assessed £7, as his share of the tax. 

It is here that we begin to learn something about Goadsby’s character that we could not have 
known before. He must have felt the tax to be unfair, not only because it occasioned a loss of 
capital, but also because he clearly believed he was not subject to the law. Goadsby’s objections 
were not just motivated by self-interest, therefore. Rather, they were also grounded in principles 
that, as we shall see, were strong enough to lead him to public protest. 

Goadsby refused to pay the tax New York City claimed he owed. On March 22, 1785, one of New 
York’s aldermen, Jeremiah Wool, obtained an arrest warrant on the charge offailing to paythetax, 
and had Goadsby picked up and taken to prison. Goadsby’s lawyer. Colonel William Livingston, 
obtained Goadsby’s release from prison on a writ of habeas corpus, one of the legal remedies the 
colonists had fought so hard to obtain. Goadsby was ordered to appear before Justice Hubbard, 
who had the year before heard cases in Albany against Loyalists. 

Word of Goadsby’s arrest and imprisonment spread very quickly, because as he emerged from 
the jail he was met by a throng of his friends and fellow merchants, all of whom must have shared 
his opposition to New York City’s tax laws. Waiting outside the prison for him were two dozen men , 
all friends. Surrounding Goadsby, they formed up in parade fashion and escorted him in columns 
of twos from the prison to his house. 

The parade marched from the prison, which was located on the common abreast of Warren and 
Murray Streets, about where City Hall is today, to 40 Hanover Square, where Goadsby kept his 
shop and home. Thurman did not give the exact route taken from the prison, so it could have been 
along several different streets, including Broadway, Nassau and Broad Streets, William and Smith 
Streets, etc. After Goadsby and his escort reached his house, they turned into what Thurman 
called Chapel Street, proceeded down Queen and then into Wall, finishing up at Thurman’s house 
on Smith Street. There, some of the marchers gave three cheers for Goadsby, which attracted 
the attention of passersby. 


The route of the parade followed the chief business streets of the city and was probably not chosen 



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haphazardly. Clearly, the marchers wanted to be seen. Queen (now Pearl) Street was narrow, 
poorly paved, and in some places, lacked a sidewalk. Wall Street was one of the city’s widest 
thoroughfares, with tall and elegant buildings, the lower stories housing shops and businesses, 
the upperones residences. On the corner ofWall and Broad Streets was City Hall. Nearly opposite 
was Alexander Hamilton’s house. Pearl Street, between Whitehall and Coenties Slip, was where 
the courts were. William Streetwasthechiefstreetfordrygoodssellers. The newly formed Bank 
of New York was located at 156 Queen Street, in the old Walton House (built 1752). 

From Thurman’s house, the parade marched to Pearl Street. There, Goadsby’s followers turned 
him over to Judge Hubbard, according to the terms of the writ of habeas corpus his lawyer had 
obtained. Brought before Hubbard, Goadsby wisely decided to pay his tax in orderto avoid further 
imprisonment and loss of business. After paying the court its costs and fees, and agreeing to his 
liability for the £7 tax, Goadsby was released. He rejoined his friends, who were waiting outside, 
and together with his lawyer Livingston, and his friend Thurman, Goadsby and the whole troop 
marched east along Wall Street until they came to Water, where the Merchant’s Coffee House was 
located. 

In the late 18th century, the coffee house was the center of social and political life. There is no 
real equivalent social institution today. The coffee house was where men met to make business 
deals, trade in ships’ cargoes, plan ventures both commercial and political, and where support or 
opposition to political events of the day was most vocal. 

In 1785, the Merchants Coffee House was famous as the seat of political opposition to British 
tyranny. It had served as the center of opposition to the Stamp Act in 1 766. In 1775, New York 
City’s Committee of 51 had sent to Boston a letter calling for the formation of a Continental 
Congress to plan a response to Britain’s closure of Boston’s port. The letter had been signed by 
such stalwarts as Isaac Low, Alexander McDougall, James Duane, and John Jay. The Committee 
of 51 met at the Merchants Coffee House and drew up their letter there. By the close of the 
Revolution, the Merchants Coffee House had been captured by those New Yorkers who would 
later call themselves Federalists, men who favored a strong central government at the expense 
of local state power. The Merchants Coffee House also became the center for opposition to 
Governor Clinton and the anti-Federalists. This opposition came to focus on two major issues, 
taxation on goods imported from Britain, and the appropriate treatment of loyalists. 

In 1785, New York state’s tax laws were as complex, iniquitous, and governed by special interests 
as they are today. In the most general of terms, the laws were written by those who took a hard 
line againstall things British. Thisfaction, led by Governor Clinton, who once vowed to hang every 
Tory he could find, drew its chief support from the northern New York State agricultural interests. 
Their continuing control of the state assembly was only possible as long as New York City’s 
merchants and mechanics continued to pay an inordinate share of the general tax burden. 

For example, a property tax quota system was established in 1 779, engineered by the agricultural 
north, which resulted in New York City’s paying one-quarterof the whole state’s property tax even 
though the city contained only one-twelfth of the state’s population and had only one-seventh of 
the number of representatives then in the assembly. Alexander Hamilton, admittedly no friend of 
the assembly, wrote to Robert Morris that the New York tax system was “vicious, burthensome 
to the people, and unproductive to the government.” 

The upstate agricultural interests were staunch republicans, conservatives ideologically opposed 
to what they perceived as the luxurious lifestyles of the urban merchants. When John Thurman 
has Governor Livingston say in his letter that “ Ribbons, gauzes, trimmings, silks, feathers, & 
ornaments are not necessary to decorate the ladies, nor lace, fine cloths, or cambrick, etc. to 



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THE COLONIAL NEWSLETTER Sequential page 1 705 


decorate the men . Commerce is not necessary, riches are an evil , pomp is a sin. Poverty, frugality, 
industry, and agriculture are the virtues that are absolutely necessary...”, Thurman was not 
exaggerating all that much. The common man was supposed to be king, and the upstate farmers 
looked with suspicion on the rich New York City merchants. 

Following the Revolution came the inevitable, postwar depression. By 1785, the New York 
Assembly was receiving two to three petitions for bankruptcy once, and sometimes twice, a week. 
Granting such a petition allowed the debtor to pay only what he claimed he owned to his creditors, 
the balance of his debts being forgiven. Although a general law allowing such forgiveness of debt 
was not approved, the assembly’s apparentfavor to debtors outraged downstate merchants, who 
objected that theirdebtors were signing overtheir assets to family members orfriends, then falsely 
petitioning for bankruptcy relief. 

On November 18, 1784, the New York Assembly passed and Governor Clinton signed a new 
customs act. The act stated that ordinary customs duties levied on goods imported from Great 
Britain were henceforth to be doubled if the goods had been imported by a British subject (now 
we know why Samuel Atlee was so quick to become a naturalized American citizen). The act 
established new customs posts, in New York City and on Sag Harbor, Long Island. One time 
Brigadier General John Lamb (1 735-1 800), a Clintonian, was appointed the first receiver in charge 
ofthe new duties. Three years later, in the fight against ratifying the Constitution in 1787, General 
Lamb’s custom house in NYC became the headquarters ofthe Republican Club. After ratification 
of the Constitution, President Washington in a conciliatory move appointed Lamb collector of 
federal customsfor New York City, so he kept his post. Lamb resigned in 1 792, following revelation 
of financial impropriety by one of his deputies, and he died in poverty. 

Early the following year. New York State went further and passed a law taxing articles shipped 
overland from neighboring Connecticut, Rhode Island, and even Massachusetts, that had 
originally been imported into those neighboring states from Britain, as if they had actually been 
imported directly into the port of New York. Connecticut retaliated, and two years later even went 
so far as to resolve to export nothing to New York City for the next year. 

The Continental Congress, then seated in New York City, unsuccessfully tried to gain control over 
customs duties, claiming they were a matter of national, not local, interest. Governor Clinton and 
the New York State legislature consistently opposed the Congress, the agricultural majority in the 
New York Senate each time refusing to grant Congress this power. New York City’s merchants 
were in favor of federal control over customs duties, believing that federal control would bring in 
revenues to the Congress, thus lowering the burden of taxation to pay for congressional expenses. 
In March, 1785 a petition in favor of the federal customs was circulated and was sent to the 
assembly. The New York City Chamber of Commerce asked the state legislature to give Congress 
the authority to regulate trade. A so-called General Committee of Mechanics circulated petitions 
throughout the northern states, supporting the federal customs. On April 27, 1785, at the 
Merchants Coffee House, merchants and public creditors met and appointed a committee to 
remonstrate with the Assembly over its failure to grantthe impost. The committee included William 
Duer, William Malcolm, Doctor Ledyard, Isaac Sears, and Thomas Lawrence. 

A distinct anti-British, anti-New York City merchant bias can be detected in the disputes over 
taxation and customs in 1 784-1 785. When it came to the treatment of those New Yorkers who 
either supported the British during the Revolution, or who just refused to take sides at all, the 
Tories, bias flowered into open intolerance and persecution. 


From the governor on down, attitudes towards the Tories verged on open contempt. They were 
seen as a class that had betrayed the Revolution, and therefore one that had forfeited its rights 



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to fairness and tolerance. Very soon after the American victory at Yorktown in 1 781 , New York 
State passed laws against Tories, aimed at both disenfranchising them and depriving them of their 
property. Ephraim Brasher was one New Yorker who made a small fortune buying confiscated 
Tory properties for a fraction of their true worth. But it was in 1 783 that the most notorious of the 
anti-Tory acts was passed, the infamous Trespass Act. 

On March 17, 1783, the New York State legislature passed the Trespass Act, which stated that 
any citizen whose property had been confiscated by the British and leased or otherwise taken by 
someone else during the war, could sue the interloper for damages. The effect of this law was to 
make every New Yorker who had stayed behind in the city after 1 776 and who had leased a house 
to live in from the occupying army potentially liable to the original owner for rent on the premises 
since 1 776, as well as an unspecified amount of damages. The law ran counter to both the ordinary 
rules of war as observed by all nations ofthe time and the terms ofthe Treaty of Paris, signed by 
the United States, that ended the war. The issues at stake in the law, therefore, transcended those 
of individual interest. They went to the heart of the great issue of the day, whether the federal 
government had the power to bind the several states by international treaty. The first action to arise 
under the Trespass Act would become, if handled right, a forum for both Federalists and anti- 
Federalists to make their best case. 

In September, 1 776 British troops occupied New York City and took possession of the brewery 
owned by the widow Elizabeth Rutgers and her son, Robert. The Rutgers fled the city. The 
brewery was placed under military control. On June 1 0, 1 778, the brewery was leased to Benjamin 
Waddington and Evelyn Pierrepont, British merchants resident in New York City. Waddington and 
Pierrepont retained the leasehold until March 17, 1783. When the British evacuated the city in 
November, 1783, Pierrepont left the city, also. Waddington stayed behind. On her return to the 
city, Mrs. Rutgers regained possession of her brewery. 

Not coincidentally, the same day the Trespass Act was passed Waddington and Pierrepont 
surrendered their lease ofthe Rutgers brewery. On recovering her brewery, Mrs. Rutgers sued 
Waddington underthe T respass Act. Although no physical damage had been done to the brewery 
structures or premises, Mrs. Rutgers claimed damages in the form of four and a half years’ lost 
rent on the brewery and the brewmasters’ house adjoining. 

The Rutgers case quickly attracted popular attention, as it was the first sued under the Trespass 
Act. The widow’s cause appealed to those who hated the Tories and those who hoped to profit 
in their own future cases from a favorable decision in hers. Mrs. Rutgers’ case was taken by Robert 
Troup, John Lawrence, and William Wilcox. The New York state attorney general , Egbert Benson, 
also intervened on Mrs. Rutgers’ behalf. 

Benjamin Waddington’s case was extremely unpopular, as no one wanted to appear to support 
a known Tory who the public believed had swindled a poor widow out of her rightful due. 
Nevertheless, Waddington’s cause appealed to those who saw it as representative ofthe rotten 
and vindictive treatment meted out to Tories following the victory over Great Britain. In addition, 
the outcome of Waddington’s case would have diplomatic and international ramifications. By the 
Treaty of Paris that ended the war, America pledged not to interfere with the property rights or 
liberty of those who had remained behind English lines during the war, those popularly called the 
Tories, and who had conducted themselves according to the laws then in effect. Since 
Waddington had leased the widow Rutgers’ brewery according to British military law, his 
supporters believed he should not have been liable to prosecution or penalties for conduct 
protected by the Treaty of Paris. 



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Despite its unpopularity, Waddington’s case was taken on by some of the most prominent New 
York City lawyers, including Brockholst Livingston, Morgan Lewis, and Alexander Hamilton. 

Rutgers v. Waddington came to the bar for a hearing on August 7, 1784. The case was heard 
before the Mayor’s Court of New York City, with Mayor James Duane presiding. Duane had taken 
his oath of office only six months before, and was still feeling his way around the job. Hamilton 
argued that Waddington’s lease of the Rutgers’ brewery was protected by two points. First, the 
laws of nations and of war allowed the victorto dispose of the property of the vanquished. Second, 
and more importantly, the T reaty of Paris superseded the T respass Act, since the former had been 
enacted by a national congress whose acts by right bound the several states and any local laws 
they might pass. 

Arguing for the widow Rutgers, Attorney General Benson stated that Congress had no power to 
bind any state, that New York was a sovereign state entire unto itself, and therefore the Trespass 
Acttookprecedenceoverthe Treaty of Paris. Benson proclaimed thatWaddington’s lease without 
payment of the widow’s brewery was in violation of an actof a sovereign state, and that the court 
must find in her favor. 

Mayor Duane confronted two strong arguments, both fraught with consequences to his city, his 
state, his new nation, and his own personal career. With considerable skill, he managed to steer 
a middle course between the two opponents. Nearly three weeks after he had heard the opening 
arguments, Duane delivered his verdict. He began by agreeing with Hamilton, saying that it was 
also his opinion that “...no state in this union can alter or abridge, in a single point, the federal 
articles or the treaty.” But, he went on, in the case at hand, Waddington obtained his lease not 
from the general commanding British forces in New York City, but from the commissary-general, 
a subordinate officer who had acted without the explicit authority of his superior. Accordingly, 
Duane ruled, although Waddington’s lease would have been protected by the sovereign effect of 
the T reaty of Paris, the lease was lawfully imperfect and thus could not have conveyed a leasehold 
right in the brewery. Waddington’s lease was illegal, therefore, and accordingly, Duane found for 
the widow. The case was bound over to a jury for a hearing and assessment of damages. Where 
the judge’s opinion was considered and tried to give something to both sides, the jury’s decision 
was more in keeping with Attorney Benson’s side of the issue. On September 2, 1 784, the jury 
fined Waddington the inordinate sum of £791/13/4. 

Despite his waffling, Mayor Duane was branded along with chief counsel Hamilton as a Tory lover 
and no son of liberty. Mass outpourings of resentment and angerat Duane's support of Hamilton’s 
federalist arguments soon followed, and the newspapers were quick to print diatribes against both 
men. On November 2, 1784, the New York State legislature went so far as to censure Mayor 
Duane and his court and advised the Council of Appointments to be more cautious in whom it 
named as mayor next time around. 

In the aftermath of the case, Hamilton took his arguments to the newspapers, beginning a debate 
overwhat later came to be known asfederalism. Writing underthe pseudonym Phocion, Hamilton 
made many of the same arguments he had delivered before Mayor Duane’s court. Replying to 
him with the anti-federalist, Clintonian, side was Isaac Ledyard. Failing to win their arguments in 
print, some anti-Federalists conspired to challenge Hamilton to a succession of duels, one of 
which, it was hoped, would prove his death. Ledyard, to his credit, is said to have warned Hamilton 
of the plot. 

This long digression into the political and legal history of New York City in 1 784-1785 is necessary, 
if we are to understand how Goadsby landed in the trouble he did, and what happened to him as 
a result. No one acts in an historical vacuum, whether he be a great or a small man. Sometimes, 



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the small man finds himself playing a part in a bigger scene, moved by historical forces that govern 
the public actions even of great men. 

When Goadsby and his friends assembled at the Merchants Coffee House, they ordered bowls 
of punch all around and began celebrating what they must have seen as a moral victory. But, no 
sooner had they drained their first bowl than Jonathan Piercy, the Sergeant-at-Arms for the New 
York State Assembly, strode through the front door bearing an order for Goadsby’s arrest. The 
charges were treason and sedition against the State of New York. Piercy took Goadsby into 
custody and led him out of the Merchants Coffee House. Thurman did not specify where Goadsby 
was taken and held, it may have been to Piercy’s own house, or to the city prison, from whence 
Goadsby had been released only a few hours earlier, but Goadsby was back in jail that very 
evening. 

The next day, Wednesday, March 23, 1 785, Goadsby was brought before the bar of the New York 
Assembly. The charges against him were read out, that Goadsby had made malicious and 
damaging statements against the honor and dignity ofthe Assembly in words that tended to excite 
dissension and disaffection to the government. When asked how he pleaded, Goadsby replied 
not guilty, stating that he had never said anything against the Assembly either disrespectful or 
seditious. 

William Ketchum and Jeronimus Riker, two New Yorkers who otherwise are unknown, were then 
called as witnesses in the case. According to the summary of their testimony provided in 
Thurman’s letter, they stated that Goadsby had made statements that denigrated the assembly, 
its laws, and its honor. They claimed that Goadsby had said that the bankruptcy laws were unfair, 
that all anyone had to do to cheat his creditors was run to Judge Hubbard, declare bankruptcy, 
and walk out “whitewashed ." In speaking ofthe tax laws (almost certainly meaning what Thurman 
called the partial law), Ketchum and Riker claimed that Goadsby had said “they were all fools 
together," but the witnesses could not say whether they understood Goadsby to mean the laws, 
themselves, were the fools, orthe legislators who had made the laws. Alderman Wool was called, 
and he stated that when he arrested Goadsby for failing to pay his tax, Goadsby told him that he 
only allowed himself to be arrested because he wished to be agreeable to Wool’s demand, not 
because he felt he was subject to the tax law. 

At this point, Goadsby proclaimed that he would publish the story of these proceedings in all the 
newspapers of Europe. He indignantly pointed out that he had been arraigned before the 
Assembly without a duly authorized warrant to appear, and that the trial was, therefore, illegal. 

The two prosecutors in the case against Goadsby, Peter Yates and a Mr. Lawrence (John or 
Joseph, he is not identified further by Thurman), then began to present evidence against Goadsby 
drawn from statute and even the Constitution. Yates (1747-1 826) had been born in Albany, where 
he was admitted to the bar and practiced law. He was a revolutionary from the earliest days, being 
elected in 1775 to the Albany Committee of Correspondence (reelected in 1776, he declined 
service). His legislative career was good, being a New York assemblyman in 1 784 and 1 785 and 
a member ofthe Continental Congress in 1785-1787. He died in Caughnawaga, New York. His 
uncle, Abraham Yates (1 724-1796), was one ofthe upstate anti-federalist senators (1778-1 790) 
bitterly opposed to the idea of a federal customs system. Lawrence escapes exact identification, 
unfortunately. 

At this point in the proceedings, someone must have realized the implications of Goadsby’s 
outburst, that he was being tried without warrant or an attorney present. One of the prosecutors 
then said that the case against Goadsby could be proved but before it went any further, Goadsby 
should be asked if he wanted to have a lawyer present. Goadsby, naturally, said yes, and asked 



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Sequential page 1709 



V- : ^ 


/ Kf ■0/tfft 




(tin 


Plan and Elevation of the Old City Hall fomerly standing in Wall Street in the City of New 
York as it was in the years 1745 - 1747; made by David Grim (No. 30 Cedar Street) in the 
82"* year of his age who has at present a correct idea of the same. New York October 1818. 

(© Collection of The New-York Historical Society.) 


Editor's Note: The City Hall elevation drawing shows the front of the building on Wall Street facing 
Broad Street. The Assembly chamber was located on the second floor of the right wing. The floor 
plan of the first story is shown at center left and the second story at center right. The basement, which 
served as the Debtor's Prison, is depicted at the bottom of the drawing. GAT 







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for time to prepare a case in his defense. The Assembly decided to give Goadsby until the next 
day to retain and brief his counsel. They also ordered that the witnesses be recalled, and that 
Albion Cox be added to the list of those whose testimony would be heard. Goadsby was remanded 
into the custody of Sergeant-at-Arms Piercy, and the Assembly moved on to other business. 

The next morning, Thursday, March 24, 1785, the Assembly reconvened the case against 
Goadsby, but immediately ran into unforeseen problems. News of Goadsby’s arrest and 
prosecution had spread throughout the city, and when he was brought back into the Assembly 
chamber, his supporters were out in force to oversee the proceedings. At this time, the New York 
Assembly met in a room in the east wing of the second floorof New York’s City Hall. Seeing the 
assembled throng, which probably included only supporters of Goadsby’s cause, the Assembly 
proclaimed that the number of spectators was so large that they feared the floor of the room might 
collapse, so it ordered an adjournment to the sturdier downstairs rooms of City Hall. It is also quite 
possible that the Assembly was more than a little fearful for its own safety, and ordered the move 
because they felt that the ground floors of City Hall offered the Assembly more security than the 
upper floors could. In this regard, it is interesting to note that, almost exactly one year earlier, the 
New York chapter of the Society of the Cincinnati, the organization of ex-Continental army officers, 
volunteered its military services to the governor and Assembly in a time of what it proclaimed to 
be public disorder. A John Lawrence, possibly one of Goadsby’s two prosecutors, was one of the 
members deputized to convey the society’s support to Governor Clinton. The Society was then 
under the chairmanship of the same Brigadier General Lamb, whom we met earlier, in charge of 
New York’s customs. Lamb was an old New York Son of Liberty who, with Isaac Sears, had seized 
the New York City customs house following news of the Battle of Lexington (April 23, 1775). 

When the Assembly reconvened, later that morning on Thursday, March 24, 1785, Goadsby 
appeared at the bar with his counsel. He had two lawyers. The first was the same Colonel 
Livingston who had got him out of jail the previous Tuesday. Livingston had had a distinguished 
war record and was well known to many in the Assembly. He was also known to at least one other 
future coiner, Thomas Machin. On October 6, 1777, Livingston joined Captain Thomas Machin 
to parley with British Lieutenant Colonel Mungo Campbell outside Fort Montgomery, which was 
then besieged by forces under the command of British General Henry Clinton. The fort was 
eventually taken, but only after a hard fight. Colonel Livingston was captured. Captain Machin 
was wounded in the shoulder while manning a canon, but escaped. British Colonel Campbell was 
killed leading the attack. Goadsby must have had confidence in Livingston, for he retained him 
as his New York City attorney in another action four years later (Aaron Ogden, another ex-officer 
and later a federal senator, acted for Goadsby in the New Jersey courts). 

Goadsby’s other lawyerwas none otherthan Colonel Alexander Hamilton. On its face, Hamilton’s 
representation of Goadsby’s interests should not be entirely surprising. Hamilton was a lawyer 
in practice in New York City. He had already acted as Goadsby and Company’s attorney in a 
September 7, 1784 suit against James Brebner and Andrew Brown. In fact, the Goadsby v. 
Brebner& Brown affair was continued to August 23, 1 785, so Hamilton would represent Goadsby 
again, after his brush with the New York Assembly. Curiously, the lawyerarguing against Hamilton 
in this case was Aaron Burr, who would later kill Hamilton in an act of murder during a duel by pistol. 
With Hamilton’s help, Goadsby would win his case against Brebner and Brown, who were ordered 
to pay £19/19/8 damages, 6d costs. 

Goadsby knew Hamilton from another arena. Alexander Hamilton was one of the founders of the 
Bank of New York and was probably the author of its constitution . The bank was actually founded 
at the Merchant’s Coffee House in meetings on February 24 and 26, 1 784, approximately one year 
before Goadsby ran into trouble with the law. Thomas Goadsby owned two shares of the new 
bank’s stock. Hamilton, a member of the bank’s board of directors from 1784 to 1788, owned one 



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share, and co-counsel William Livingston also owned one share in 1784. Albion Cox, a witness 
in Goadsby’s 1 785 trial and later his partner in the New Jersey coinage scheme, owned two shares 
of bank stock. With just one exception, the men arrayed against Goadsby in his March, 1 785 trial 
before the Assembly were not supporters of Hamilton’s newly founded Bank of New York, and the 
exception turned out to be a sympathizer. 

Goadsby’s choice of Alexander Hamilton as co-counsel in his trial before the Assembly almost 
certainly implies more than just confidence in a lawyer and businessman of proven talent. It could 
not have been lost on Goadsby that Hamilton had only just concluded arguments in the 
Waddington v. Rutgers case under the Trespass Act, or that Hamilton was seen as a champion 
of those opposed to Governor Clinton and the states-righters in the legislature. For his part, 
Hamilton could not have been unconscious of the implications of Goadsby’s own case, a British 
born merchant hauled off before the barofthe Assembly on no warrant, accused of speaking his 
mind in public. Goadsby’s case would not be of the moment that Waddington’s was, but it was 
another instance of opposition to rough riding by the Assembly. 

After Goadsby’s attorneys were recognized by the Assembly, prosecutors Yates and Lawrence 
reexamined witnesses Riker and Ketchum, who must have reiterated their previous testimony. 
Alderman Wool was recalled, and Albion Cox was examined for the first time. Once the 
prosecution had finished, Hamilton and Livingston asked their own questions of the witnesses. 
The Assembly adjourned for lunch, and when it reconvened that afternoon, decided to continue 
the hearing to the next morning. 

On Friday morning, March 25, 1785, the Assembly reconvened to continue hearing the case 
against Thomas Goadsby. Both prosecutors and defense lawyers made their summations, the 
former going first. When Hamilton rose to speak for Goadsby, he made a remarkable statement. 
According to Thurman’s account, which we have no reason to disbelieve (Thurman was present 
at the time, having been called as a witness but never examined), Hamilton said words to the effect 
that “I was loathe to appear as counsel in the case and would not agree, but Goadsby assured me 
nothing could be proved against him. Had I known how much would actually be proved, I would 
not have agreed to appear on Goadsby’s behalf.” No sooner had Hamilton said these words, than 
prosecutors Yates and Lawrence proclaimed that Goadsby’s own lawyer had proven their case 
for them! The Assembly appeared to agree. 

Yates then made a motion that Goadsby be found guilty of a misdemeanor of contempt for the 
Assembly, that he be made to ask forgiveness of the Assembly publicly from the bar, and that he 
pay Sergeant-at-Arms Piercy’s fees before being discharged. Before the Assembly could move 
the motion to a vote. Assemblyman Comfort Sands rose with a competing motion. Sands (1748- 
1834) was a businessman who in 1782 had been the successful low bidder on Robert Morris’ 
contract for military supplies (the next year, he lost the contract for demanding his payments be 
made in specie). Sands was the only assemblyman prominent in the Goadsby case who was also 
connected with the Bank of New York, being one of the founders and, along with Hamilton, a 
member of the board of directors (1 784-98). He was later, 1 794-1798, president of the New York 
City Chamber of Commerce. 

Sands, apparently sympathetic either to Goadsby or to the cause he then personified , moved that 
Goadsby be simply reprimanded instead of convicted of a misdemeanor. The Assembly 
disagreed, however, and his motion was defeated 28 to 1 2. Yates’ original motion was moved, and 
the Assembly divided along the same lines as it had on Sands’ motion, voting 29 to 1 1 in favor of 
the harsher penalty. The Assembly adopted Yates’ motion, Goadsby was found guilty, and was 
ordered led before the bar to pray his pardon of the house. Goadsby had no choice but to comply. 



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on which he was released into his own custody, paid the Sergeant’s fees (which could have run 
to as much as £2), and the case against him ended. 

Hamilton regretted his hasty words, and Thurman notes him as saying he would willingly have paid 
100 guineas for a chance to restate what he really meant to say. Thurman goes on to tell his 
correspondent that Hamilton’s intemperance did not stop him from collecting his 1 0 guineas fee. 
In Thurman’s opinion, Hamilton’s representation hadn’t been worth 1 0 coppers, or less than one 
shilling, let alone the 21 0 shillings he charged Goadsby. Thurman clearly felt that Goadsby might 
have won his case had Hamilton kept his mouth shut. Presumably, Goadsby’s native wits had 
pointed out the flaw in the Assembly’s case against him, namely, that he had been brought to the 
bar on no warrant, and thus the proceedings were strictly extralegal. 

What were the consequences of the case against Goadsby? For the man, himself, probably not 
many, although we cannot know that for certain. Goadsby went on with his importing business, 
moving three months after the trial to Smith Street, near where his friend John Thurman lived at 
the time. He stayed in the business through 1 790. Less than two years after the trial, Goadsby 
won the contract for coining coppers for the State of New Jersey. Clearly, his conviction in 1 785 
did not disqualify him for bidding on the job in 1 786. One of his two partners in the contract was 
Albion Cox, another English emigre and one who had been called to testify in his trial. Whatever 
testimony Cox had given, Goadsby either forgave or felt was no hindrance to a business deal. 

Was Goadsby’s short stroll across History’s stage of any greater effect? Did he leave a trace of 
his passing behind him? Thurman certainly thought he had. In his letter, Thurman states that he 
had been told by several assemblymen that, had it not been for Goadsby’s trial, the Assembly 
might have been moved to take a more conciliatory attitude towards those Tories who had been 
banished from the state, leaving their possessions behind them. His correspondent, William 
Smith, just happened to be one of these unfortunates, who had lost all following the war. As an 
earnest of how close they had come to obtaining some relief for the Tories, Thurman wrote that 
even old General Alexander McDougall (1 732-1786) had told him this. McDougall was no friend 
of Goadsby or the Tories. A Son of Liberty along with John Lamb and Isaac Sears, McDougall 
had been imprisoned in 1 770 for libel against the General Assembly, very much the same sort of 
charge raised against Goadsby, and, like our coiner, McDougall’scause was a very popular one. 
While in prison, McDougall had so many visitors he had to set regular visiting hours. McDougall 
was a member of the Committee of 51 that sent the letter to Boston from the Merchants Coffee 
House and during the war held the rank of Major General (1777) with command in the Hudson 
Highlands. At the time of Goadsby’s trial, he was a member of the Continental Congress. In many 
respects, McDougall and Goadsby were equally outspoken men who both ran afoul of the 
authorities for what they said in public. 

With hindsight, we can see that Goadsby’s career on History’s stage was short and nearly entirely 
uneventful. He made no great and lasting impact upon his world apart from the coins he had a 
hand in leaving behind. For the brief space of four days in March, 1785, however, Goadsby’s 
existence was important outside his own circle and was recognized by the great and near great 
of his day and place. Afterwards, he faded from the big picture, only to resume his role in his own 
circumscribed world. Andy Warhol said that everyone will be famous for 15 minutes. Thomas 
Goadsby had more than his Warholian share of fame. GB 



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Text of the John Thurman, Jr. Letter 
Septembers, 1785 

Those sections pertaining to or concerning Thomas Goadsby are reproduced as published, 

unedited, in the Historical Magazine, second series, v. IV, no. 6 (December, 1868), pp. 294-295. 

Thurman’s orthography and syntax are preserved. 

New York 8th Septr 1785 
William Smith Esqr. London 
to the eare of Rob Rashleigh Esquire 
No. 25 Garlick Hill 

I spent some time Lately with your Old friend Govr L.[ivingston, of New Jersey] he never 
mentioned your name tho I gave many openings he said it was not against his conseience to deelare 
Independance. . .he did not rej oiee in the Change but Acquis ’d in it, as there was no way of avoiding 
it... [Livingston continued, saying that] Ribbons, Gauses Trimmings, Silks Feathers & ornaments 
not necessary to decorate the Ladies, nor Lace fine Cloths Cambrick &c to the men Commerce 
not necessary-Riches an Evil, Pomp a Sin. Poverty Frugality Industry & agriculture Virtues 
absolutely necessary and must be in Practis ere we can be Happy., Our Happiness Approaches 
very fast. Many of our New Merchants & Shopkeepers set up since the Warr have faild, we have 
nothing but Complaints of Bad times. In Philadelphia it is worse, yet Labour is very high and all 
articles of Produce very high, very small are our exports-there is no Ship Building, but House 
Building in abundance & House rent remains high-Law in abundance, the Trespass Act is food 
for the Lawyers-yet we say there is no mony [but still] Feasting and every other kind of 
Extravagance go on. reconcile these things if you can. Gloomy Joys. 

Perhaps the Following Story may not have come to you from any of your friends Mr. Goadsby, 
an English Gentleman who arrived here since the Peace was taxed £7-0d by the Partial Law and 
as he did not conceive himself Subject to the Law as he was clearly not withinn the description 
of those [who] were to be taxed, he refused to pay, Alderman Wool committed him, Collonel 
William Livingston by a Writ of Habeas Corpus brought him before Judge Hubbard in this 
business about 24 Gentlemen of Mr. Goadsby ’s Acquaintance attended him from Prison to his 
own House, 2 & 2 as if it had been a funeral. Our Rout [:] from the Prison, Thro Chappie Street 
up Queen & Wall Street to my House in Smith Street, here some 5 or 6 Gentlemen gave 3 cheers- 
which caused many people to enquire what was doing. Collonel Livingston, Mr. Cox, Goadsby 
& the Sherif & jailor went from hence to the Judges, whe Remanded Mr. Goadsby to Prison-He 
paid the Tax to avoid further trouble, we went to the Coffee House Drank a Large Boul of Punch, 

& Closed the Business. But to our Great Surprise, the Assembly then Sitting took Allarum, had 
Mr. Goadsby taken into custody on a Charge of Treason and sowing Sedition & in Proof on a 3 
days Tryal and calling for every person that was suposed to know anything about Mr. Goadsby 
it was proven he had found Fault with the Insolvent Law had said a man had nothing to do but 
run in Debt, go to John S. Hubbard & get White Washed and Cheat his Creditors-in Talking of 
the T ax Law he had said they were all fools together-but whither he meant the makers of the Law- 
or the Assessors & Tax gatherers-or all that had any thing to do in the Business might be meant 
the witness could not say but suposed the Latter. Alderman Wool said Mr. Goadsby had told him 
he did not wait on him in consequence of the warrent but out of Complasance-as much as to say 
he was not subject to the Law he Mr. Goadsby had said he would have this Business advertised 
in all the News Papers in Europe-it did not appear he had been charged before the House by any 
Single Person, on Oath to Authorize the Proceedings-Mr. Lawrence & Peter Yates appeared as 
Prosecutors in the Business-to examin witnesses &c-in this part of the Business, the Gentlemen 
began to prove that Mr Goadsby might have counsel; Laws, Cases, the Constitution &ct; &ct; was 
produce, when one of the Gentlemen said Mr Goadsby had not asked for Council nor did he know 



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if he wanted any it would be time enough to prove those matters when he asked couneil the 
Question was then put to him & he said he would be glad to have Couneil and time, which was 
granted Collonel Hamilton & Livingston were of Council, argued the Matter to very Little 
purpose Collonel H in opening the Business made use of these remarkable words-I was Lought 
to appear in Council on this Business, and would not consent, but on Mr Goadsby Assuring me 
there could be nothing proved against him, & had he known so much would have been Proved, 
he Certainly would not have consented-Lawrence & yates criminated Goadsby from this 
declaration, which 1 think must have hurt the Collonel as I was informed he said he would give 
L[awrence] 100 Guineas-for an oppy to reply. The House Resolved Mr Goadsby should ask 
Pardon pay Fees & be discharged-which he did Collonel H[amilton] took 10 Guineas for his 
Services-I am sure I should think 1 0 copers more than they were worth-for had it not been for his 
Services 1 do not think but Goadsby might have been freed. 

1 was called before the House to Evidence in the above Cause but was not examined, and have 
since been told by several Members had it not been for this affair something would be done for 
the Banished &c, but now nothing would be expected even Mc[Dougal] himself told me this. 1 
told him 1 did not care a Single Dam, for my own part they might do as they pleased, without 
further Grace on the 8 of November next the Law is as full against me as it is against you... 



August 1 997 THE COLONIAL NEWSLETTER Sequential page 1715 


THE ANNOTATED HALFPENNY 

by 

Charles W. Smith, Ph.D.; Orono, ME 
(G-11) 


I have often looked upon the worn and scarred 
face of an old copper coin and wondered by 
what paths it had found its way to me. I thus 
took particular delight when I came upon the 
following late Georgian children’s story, The 
Adventures of a Halfpenny: Commonly called 
a Birmingham Halfpenny or Counterfeit, as 
Related by Itself I realized immediately that 
this children’s story was not only a whimsical 
and charming tale, but that it was a text rich 
with historic insights into the production, distri- 
bution and circulation of counterfeit halfpence 
in late 18th century England. 

The story needs no introduction since its au- 
thor, J.G. Rusher, provides four introductory 
pages packed with generous detail. However, 
having done research in this field of numis- 
matics and having lived in England while on 
sabbatical at the University of Oxford, I thought 
I might add my experience to the story back- 
ground by providing annotations to the text. 

David W. Ruskin, of Oxford, was instrumental 
in locating the William Rusher token accom- 
panying this article. William was a relative of 
J. G. Rusher and continued in the publishing business in Banbury, England. Mr. Ruskin also 
reviewed the manuscript and provided interpretation for several of the more challenging pas- 
sages. 

To preserve its charm and historic character, the editors of CNL have chosen to reproduce the 
original text and woodcuts. The booklet itself is rather scarce. I was able to locate only a few copies 
in the U.S., complete and readable. I estimate its publication circa 1810. 

The booklet begins with an advertisement followed by a poem and a frontispiece.* 


The Adventures 

OF A 

HALFPENNY; 

COMMONLY CALLED A 

Birmingham Halfpenny. 



BANBURY: 

"Printed and Sold byJ. G. Rushes, 

BRIDGE-STREET. 


Price One Penny. 


* Editor's Note: Note numbers have been added to the original text in superscript to help the reader 
locate the word or passage about which the author is commenting. Also, the booklet pages are 
presented in their original sequence, starting with the cover page, then inside facing pages and ending 
with the back page. GAT 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1716 


RUSHER’S EDITION. 



THE ADVENTURES 

OF A 

M^4]LF]PMJVJVY0 

COMMONLY CALLED A 

Birmingham Halfpenny, 

OR 

COUNTERFEIT; 

AS RELATED BY ITSELF. 


I was transported from Birmingham, 
■with many of my brethren, of different 
dates, characters, and configurations, to 
a Jew Pedlar, in Dukes-place, who paid 
for us scarce a fifth part of our nominal 
value. 

See the 8th Page. 


BANBURY : 

Printed and Sold by J. G. Rusher, 

BRIDGE-STKEET. 

Price One Penny. 


1 . This page lists LITTLE BOOKS printed and sold by J.G. Rusher, for a penny each. These 
children’s books would have been called “chap books” in their day and would have measured 
about 4 inches by 2/4 inches. Rusher emphasized his books are “adorned with a great number 
of cuts,” [woodcut illustrations]. 

2. Trice means in an instant and without delay. It is nautical in origin, meaning to haul up or lash 
up with one quick movement. 

3. A Halfp’ny Chuse means the booklet itself.. .a penny is the price. 

4. Basely born is a term of social class distinction, used from medieval times, meaning born into 
the lowest social stratum. The reference here is to the fact that the counterfeit halfpenny was not 
produced [born] at the Royal Mint. 

5. This line is a joke. A Halfp’ny’s [this book] made [earnedja penny [its purchase price]. 

6. Adulteration, as used here, means debased or made impure. This refers to the alloying of scrap 
metal with copper to produce counterfeit coins. 

7. Itinerant branches [of the economy] meaning traveling traders, at the bottom of the market, 
would be the sellers [dealers] needing such a humble coinage. 

8. The dealers at the bottom of the market were, in fact, trapped there. England was full of itinerant 
traders in late Georgian times and therefore competition was high. Any attempt by a trader to 
increase prices would have resulted in thattrader being ignored and quickly driven out of business. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 71 7 


THE FOLLOWING LITTLE BOOKS,’ 
and many others, 

Adorned with a great number of Cuts, 

Are just Printed and Sold by 

J. G. RUSHER, BANBURY . 


History of a Banbury Cake Price Id 
History of John Gilpin Id 

The Good Farmer, or History of > , . 

Thomas Wiseman j 

Galloping Guide to the A B C Id 
Adventures of Sir Richard Whit- 5 
tington and his Cat t 

Riddler’s Riddle Book, by Peter! 

Puzzlecap, Esq, j 

The Children in the Wood, inverse Id 
The New House that Jack Built Id 
Short Stories, or Treasures of Truth Id 
Anecdotes for Good Children Id 

The Adventures of a Counterfeit, > 
or Birmingham Halfpenny 3 
Pretty Poems for young Folks Id 

Any of which, and a variety of others, 
may be had of the person who sells this. 



Here’s something new, 
Dear Child, for you, 
’Twill please you in a trice^; 
A Halfp’ny chuse,^ 

Now don’t refuse, 

A penny is the price, 

Tho’ basely born^ 

Pray do not scorn, 

A tale not worse than many ; 
For I’m afraid, 

More say in trade, 

A Halfp’ny’s made a penny,® 



9. The Tyburn Gallows was the site of London’s public executions. Marble Arch is located on this 
site today. 

10. Since 7000 grains equals 1 pound avoirdupois and a nominal counterfeit halfpenny weighs 
about 100 grain [“The English George III Contemporary Counterfeit Halfpenny Series: A Statistical 
Study of Production and Distribution,” by Charles W. Smith in Coinage of the American 
Confederation Period , ed. Philip L. Mossman, The American Numismatic Society, Coinage of the 
Americas Conference, 1995, pages 23-53], then there would be about 70 counterfeit halfpence 
to the pound weight. At nine-pence the pound weight, that gives about 8 counterfeits per penny. 
This is a surprisingly small value [see annotation 29 for further support of this estimate]. One 
possible implication of this estimate is discussed in the End Notes. 

1 1 . At this time, vast quantities of obscene/erotic materials were openly offered for sale to the 
public. The term polite literature was used to differentiate between decent publications and 
indecent publications. 

12. Songs written for public performance in music halls, a standard form of entertainment, were 
called play-house songs. 

13, 14, 15. These are examp\es of polite literature [songs, poems, stories, etc.] but contained in 
this sentence is a complaint that a halfpenny isn’t worth what it used to be. The implication being 
that its buying power has been driven down by the practice of counterfeiting. 

16. The major method of cleaning one’s teeth in Georgian times was by toothpicks. Toothpicks 
could be purchased from street vendors at six for the halfpenny, but the devaluation of the 
halfpenny was driving such vendors out of business. 






August 1997 


THE COLONIAL NEWSLETTER Sequential page 1718 


INTRODUCTION. 


The adulteration of the copper-coin® 
as it is highly pernicious to trade in ge- 
neral, so it more immediately affects the 
itinerate branches of it. Among these, 
at present, are to be fonnd the only cir. 
culators of base metal^; and, perhaps, 
the only dealers who are obliged to fake 
such counterfeits, as will find a currency 
no where else; yet are not allowed to 
raise the price of their commodities.® 

A Tyburn execution,® a duel, a most 
terrible fire, or a horrid, barbarous, 
bloody, cruel, and inhuman murder, was 
wont to bring in vast revenues to the 
lower class of pamphleteers, who get 
their livelihood by vending these diurnal 
records publicly in the streets: but 

since half-pence have been valued at no 
more than nine-pence the pound weight,’® 
these occasional pieces hardly answer the 
expences of printing and paper ; and the 
servant maid, who used to indulge her 
taste for polite literatureV by purchasing 


INTRODUCTION. y 

fifty new play-house songs{^or a whole 
poetical sheet of the Yorkshire garland]* 
or Gloucestershire fragedy’,'‘for a half- 
penny, can now scarcely procure more 
than one single slip of I love Sue, or 
the Lover’s complaint.’® 

It is also observable, that the public 
walks no longer echo with the shrill cry 
of ^‘Toothpicks! Take you six, your 
honour, for a half-penny, ”’®as it did 
when half-pence were half-pence worth. 

But the greatest sufferers are undoubt- 
edly the numerous fraternity of beggars ; 
for, as things are circumstanced, it 
would be almost as profitable to work 
as to beg, were it not that many of the 
uncharitable are now induced to deal 
out their charity in what is of no other 
use to themselves, in the hope of receiving 
seven. fold in return.’^ Indeed, since the 
usual donation has been so much lessened 
in its value, the beggars have been ob- 
served to be more vociferous and impor- 
lunafe]®One of these orators, who takes 
his Station at Vauxhall-Gardeiis’,®now en- 


1 7. Here Rusher offered a social comment: he felt people with disposable income made donations 
to the poor, not through kindness, but ratherto support theirown hope that, by giving, good things 
would happen to them. However, these people were, in fact, passing their counterfeit coins to the 
begging class! 

18. The begging classes, because they were receiving less in buying power per coin for their 
efforts, had grown noisy and pushy in an attempt to increase the number of coins collected. 

19. Vauxhall-Gardens, a well-known public speaker’s place where large crowds would gather, 
was a popular location for street beggars. Here, beggars had begun to ask explicitly for GOOD 
coins, because they were having difficulty passing the counterfeits they received. 

20. Counterfeit farthings were of so little value that beggars were actively pulling them out of 
circulation, the hope being that, if they received only a farthing fortheir begging, at least there would 
be an increased chance that it might be a GOOD coin. 

21. Rusher wonders if good people should not follow the example set by the beggars and begin 
to pull counterfeit halfpence out of circulation. 

22. The hierarchy within the beggars’ community apparently operated a mint and a foundry. The 
Mooiiields area is located in northeast central London, between Liverpool Street Station on the 
east and the Barbican Arts Centre to the west. It is interesting that even today The Ironmongers 
Hall, a trades guild, is located nearby. 


23. Contemporary counterfeit halfpence of William III are often cast, a foundry operation, rather 
than a die striking process. 






August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 71 9 


■Vi INTRODUCTION. 



forces his piteous complaint, with “ Good 
Christians, one good half-penny to the 
stone blind]” and another, who fells you 
he has lost the use of his precious limbs, 
addresses your compassion by shewing a 
bad half-penny, and declaring that he is 
ready to perish with hunger, having tried 
it in vain at twenty-three places to buy 
a bit of bread. Farthings, we are told, 
were formerly called in by the beggars,^® 
as they threatened the ruin of their com- 
munity] I should not wonder, therefore, 
if this public-spirited people were also 
to put a stop to the circulation of bad 
balf-pence, by melting them down from 


INTRODUCTION. vii 

time to time as they come into their hands.^^ 
The experiment is worth making ; and 
I am assured, that, for Some end or other, 
orders will be issued out from the king 
of the beggars, to bring all their adulte- 
rated copper to their mintin theBorough, 
or their foundery in Moorlields.^^ 

I was led to the consideration of this 
Subject by some half-pence I had just re- 
ceived in change ] among which, one in 
particular attracted my regard, that 
Seemed once to have borne the profile of 
King William^^fiow scarcely visible, as it 
was very much battered, and besides other 
marks of ill usage had a hole through the 
middle. As it happened to be the even- 
ing of a day of some fatigue, my reflec- 
tions did not much interrupt my propen. 
sity to sleep, and I insensibly fell into a 
kind of half-slumber ; when to imagina- 
tion the half-penny, which then lay before 
me upon the table, erected itself upon 
its rim, and from the royal lips stamped 
on its surface, articulately uttered the 
following narration. 


The introduction to this story ends on page vii, as the much-battered halfpenny now rises to tell 
its story. 

24. Illegitimacy here means outside the law, that is, not produced by the official authority of the 
Royal Mint. 

25. Baseness of my extraction, again in reference to both its metallic content [not good copper] 
and low social status. 

26. Counterfeit coins were produced using techniques that gave them an old and circulated 
appearance. Struck counterfeits were produced from dies intentionally cut shallow and without 
detail. Cast counterfeits were produced from molds which received their impressions from well- 
circulated coins. Various chemical treatments were then employed to give a patina. Here 
Birmingham is specified as the source of production. This is not at all unexpected since the 
Birmingham area was a cradle of the Industrial Revolution. Birmingham also appears in the title. 

27. The implication here is that counterfeit coins of several monarchs and, perhaps, denomina- 
tions were produced at the same time. Of course, the date on a counterfeit coin indicates only its 
earliest possible time of circulation and not necessarily its time of manufacture. 

28. We learn here that a middleman was used as a key figure in the first step in distribution, by 
taking the counterfeit coins from their source of production into the heart of London. At the time 
of this story, Jews were barred from membership in the trades guilds and discriminated against 
as property/shop owners. Thus unable to participate openly in the economy as producers or 
retailers, they could function successfully as distributors ofgoods and commodities. Dukes-place 
[Dukes Place] is halfway between the Tower of London and Liverpool Street Station. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 720 


Adventures of a Halfpenny. 


Sir, 

“ T SHALL not pretend to conceal 
I from you the illegitimacy of 
my birth^^'or the baseness of my ex- 
traction^: and though I seem to bear 
the marks of old age, I received my 
being at Birmingham not six months 
ago?® From thence I was transported, 
with manyof my brethren, of different 
dates, characters, and configurations” 
to a Jew-pedlar* in Dukes-placefwho 
paid for us scarce a fifth part of our 
nominal value.^® We were soon after 
separately disposed of, at a more 
moderate profit, to coffee-houses, 
chop-houses, chandler -shops, and 
gin-shops?® 

“ I had not been long in the world, 
before an ingenious transmuter of 

* See the Frontispiece. 


Adventures. 9 

metals^laid violent hands on me ; and 
observing my thin shape and flat 
surface, by the help of a little quick- 
silver exalted me into a shilling?^ Use, 
however, soon degraded me again to 
my native low station | and I unfor- 
tunately fell into the possession of an 



urchin justbreeched^ who received me 
as a Christmas-box of his god-mother.®® 
I now lost the very essence of my 
being, in the custody of this hopeful 
disciple of avarice and folly; and 
was kept only to be looked at and ad- 


29. The middleman paid about a fifth of nominal face value. That would be 9 or 1 0 counterfeit 
halfpence to the penny. [See annotation 1 0 where the estimate was about 8 to the penny. ..pretty 
good agreement for a children’s story!] 

30. The counterfeit coins were then sold to various business establishments to be used in making 
change. The middleman added his commission; the use of the words more moderate in this case 
meaning nearer to face value. 

31 . A transmuter of metals was a type of technical forger. By various chemical and thermal 
treatments, he made objects crafted from base metals appear as to be crafted from precious 
metals. 

32. The halfpenny was rubbed with mercury [quicksilver] to give it a silver sheen with the intention 
of passing it into circulation as a shilling. One might feel that it would be impossible to pass a 
silvered halfpenny off as a shilling, since a shilling is a bit smaller in diameter, thinner and has an 
altogether different reverse design. However, one must keep in mind that an illiterate day laborer 
or itinerant seller may never have had a shilling of his own. Thus a silver coin of about the right 
size with the king’s portrait on it could have been fairly convincing. He might gladly take this 
“shilling” for sixpence worth of his labor or goods and feel he was getting the best of the deal! 

33. The word use here means circulation and, with circulation, the thin layerof mercury wore away 
and the coin reverted to its base metal appearance. 


34. Urchin was a term for a male working class child. Just breeched means just old enough to 
wear trousers, about 4 years of age. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 721 


10 Adventures of a 

mired : but a bigger boy, after a while, 
snatched me from him, and released 
me from my confinement. 

“ I now underwent various hard- 
ships among his play-fellows, and 
was kicked about, hustled, tossed up, 
and chucked into hoW; which very 
much battered and impared me: but 
I suffered most by the pegging of 



tops^^themarksofwhich I have borne 
about me to this day. I was in this 
state the unwitting cause of strife, en- 
vy, and revenge. At length I was dis- 
missed from their service, by a throw 
with a barrow-woman for an orange?® 


Counterfeit Halfpenny. 1 1 

“ From her it is natural to con- 
clude, I posted to the gin-shop^; 
where, indeed, it is probable I should 
have immediately gone, if her hus- 



band, had not wrested me from her, 
at the expence of a bloody nose, black 
eye, scratched face, and torn clothes. 
By him I was carried to the Mall in 
St. James’s Park*; where — I am 
ashamed to tell how I parted from 
him — Let it suffice, that I was soon 
after safely deposited ina night-cellar?’ 
“ From hence I got into the coat- 
pocket of a BLOOD^^and remained 


35. A Christmas-box means a Christmas present. Even today in England, Christmas presents 
are still occasionally referred to as Christmas “boxes.” Small gifts were given, often to 
tradespeople, on December 26, still called Boxing Day. 

36. The halfpenny was used as a plaything in some rather rough games. Hustled here means 
to be shaken in the hands, with other coins, and thrown on to a surface as is done with dice. 

37. Pegging of tops is another children’s game. Conical wooden tops were spun by wrapping a 
string around the body of the top and throwing it to the ground while holding one end of the string. 
Done properly, the top would spin on the iron pin or peg at its apex. A variation of this game was 
to place a target on the ground or floor, often a coin. Each player took his turn and the child who 
could land his top to spin on the coin would win. As one can imagine, each success left its mark 
on the coin. 

38. Throwis an old word for purchase. A barrow-woman was a street trader working from a wheel 
barrow; in this case, selling fruit. 

39. Posted, as used here, means to travel in haste. A gin-shop was a lower class pub featuring 
gin, the cheapest distilled alcoholic drink available. In the 18th and 19th centuries, gin was also 
known as “mother's ruin.” The barrow-woman heads straight to the pub with the halfpenny, but 
it is taken from her by her husband, after a struggle. 


40. The Matt in St. James’s Park is the long, wide, tree-lined thoroughfare leading to Buckingham 
Palace. It was popular as a promenade in Georgian times. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 722 


12 Adventures of a 



there with several of my brethren for 
some days unnoticed. But one even- 
ing, as he was reeling home from the 
tavern, he jirked a whole handful of 
us through a sash-window, into the 
dining-room of a tradesman, who he 
remembered had been so unmannerly 
to him the day before, as to desire 
payment of his bill. We reposed in 
soft ease on a fine Turkey carpet^^till 
the next morning, when the maid 
swept us up ; and some of us were 
allotted to purchase tea, some to buy 


Counterfeit Halfpenny. 13 

snuff, and I myself was immediately 
trucked away at the door for the 
Sweetheart’s Delight.'*'* 

“ It is not my design to enumerate 
every little accident that has befallen 
me, or to dwell upon trivial and in- 
differentcircumstances, as is the prac- 
tice of those important egotists, who 
write narratives, memoirs, and travels. 
The king, God bless him, has many 



worse subjects than I, for as useless to 
the community as my single self may 
appear to be, I have been the instru- 


41. The implication here is that the barrow-woman’s husband, used the halfpenny to make 
payment to a prostitute, who then later secreted it in a personal hiding place, a night-cellar. 

42. Blood, in the context of the story, refers to a debauched person, a rake or roue. Blood can 
also refer to a dandy and, in this case, perhaps, the male protector, or pimp, of the prostitute. 

43. Today we would use the term oriental rug. Turkey carpet , as used here, is a generic term 
for carpets, not only of Turkish origin, but Persian, Eurasian, and Asian origin. Most of these 
carpets arrived in Europe by ancient overland routes, crossing the Bosporus at Istanbul, hence 
Turkey carpets. 

44. At the door for the Sweetheart’s Delight. I am unable to trace this idea, but it may refer to a 
confection or candy sold door-to-door. 

45. The halfpenny would be the coinage denomination most common to the poor, for their labors. 
The rich may have occasion to use it for tips, special favors or even small bribes. 

46. The days, usually three, before Ash Wednesday [Shrove Sunday, Monday and Tuesday] are 
so called because this is the time for confession preparatory to Lent. Shrove is the past tense of 
shrive, to give confession of one’s sins. 

47. Mock-encounters refers to mock animal fights played by children using stuffed toy animals, 
in imitation of cockfights and other popular animal betting sports of the day. The halfpenny rejoices 
that it was debarred [cut off from] any share in supporting the actual exercise of inhumanity on 
helpless animals. 





August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 723 


14 Adventures of a 

ment of much good and evil in the 
intercourse of mankind : I have con- 
tributed no small sum to the revenues 
of the crown, by my share in each 
newspaper, and in the consumption 
of tobacco, spirituous liquors, and 
other taxable commodities. If I have 
encouraged debauchery, or supported 
extravagance ; I have also rewarded 
the labours of industry, and relieved 
the necessities of indigence. The poor 
acknowledge me as their constant 
friend;''® and the rich, though they 
affect to slight me, and treat me with 
contempt, are often reduced by their 
follies to distresses which it is even in 
my power to relieve. 

“ The present exact scrutiny into 
our constitution has, indeed, very 
much obstructed and embarrassed my 
travels ; though 1 could not but re- 
joice in my condition last Shrove 
Tuesday as I was debarred having 


Counterfeit Halfpenny. 15 

any share in maiming, bruising, and 
destroying the innocent victims of 
vulgar barbarity ; I was happy in 
being confined to the mock-encounters 
with feathers and stuffed leather; a 
childish sport, badly calculated to 
initiate tender minds in artsof cruelty, 
and prepare them for the exercise of 
inhumanity on helpless animals 
“ 1 shall conclude. Sir, with in- 
forming you by what means I came 
to you in the condition you see. A 
Choice SpiRiT^®a member of the 
Kill-Care Club, broke a link-boy’s''® 
pate®“with me last night, as a reward 
for lighting him across the kennel P’ 
The lad wasted half his tar-flambeau®^ 
in looking for me ; but I escaped his 
search, being lodged snugly against 
a post. This morning a parish girl®® 
picked me up, and carried me with 
raptures to the next baker’s shop to 
purchase a roll. The master ex- 


48. A Cho/ceSp/r/f was slang for someone who lived by his own rules, outside those of accepted 
societal norms. ..a rogue or ruffian. 

49. Kill-Care Club refers, by name, to a criminal fraternity or gang of Georgian London. A link- 
boy was someone who guided persons through dark and dangerous places in a city, to reduce their 
risk of robbery, or worse. 

50. Broke is slang for injured. The ruffian injured the link-boy’s head. [Pafe is an old English word 
for head.] From the context, perhaps the ruffian begrudgingly threw the halfpenny hard at the link- 
boy and it cut [as in broke the skin of] his head. 

51 . The link-boy was lighting the ruffian’s way with a torch across the gutter down the center of 
the street or kennel. 

52. A tar-flambeau was a simple torch made from pitch, twigs and scrap rags. Linkcan also mean 
a type of small torch made of tow [the coarse or broken part of flax] and pitch [coal tar or petroleum 
tar], 

53. A parish girl was a waytorefertoalocalgirl. It could also carry the negative class connotation 
that she was from the regional workhouse. 


54. Bridewell was a famous prison in Georgian times. Here, the baker is threatening the parish 
girl for trying to pass a counterfeit coin, i.e. for putting off bad-money. 






August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 724 


16 Counterfeit Halfpenny. 

amined me with great attention, and 
then, gruffly threatening her with 
Bridewell for putting off bad-money,®'* 
knocked a nail through my middle, 
and fastened me to the counter :®®but 
the moment the poor hungry child 
was gone, he whipt me up again, and 
sending me away with others, in 
’change to the next customer, gave 
me this opportunity of relating my 
adventures to you.” 

When I awaked, I found myself 
so much invigorated by my nap, that 
I immediately wrote down the strange 
story which I had just heard ; and 
as it is not totally destitute of use 
and entertainment, I have consented 
to permit that by this means it may 
be communicated to the public. 

I am, Sir, 

Your humble Servant, 

Tim. Turnpenny?^ 

FINIS. 


THE FOLLOWING BOOKS,” 
and many others, 

Are Printed and Sold 

J.G. RUSHER, BANBURY. 

The Filial Remembrancer, or Col- 
lection of the much admired 
Poems. “My Father, My Mo- 
ther, My Brother, My Sister, 

&c ” with Originals Price 4d 
Rusher’s Reading made most Easy 6d 
Rusher’s Royal Primer Improved 8d 
History of Belisa, Orsames, and) 
Julia, with Frontispiece J ° 
History of Rustan and Mirza, &c. ) 

and Anna, with Frontispiece J ° 
Wit and Humour, or a Collection) 
of Jests, Witty Sayings, &c. V 6d 
with Frontispiece \ 

History and Misfortunes of Fa.y 
tyma, and of Olympia, with( 
Inkle and Yarico, in Verse, ^ 
with Frontispiece ^ 

The Gleaner, or new Selection of ) 
Songs, very small size, embel-V 6d 
lished with many Engravings S 
Arithmetical Tables Id 


55. The baker nails the counterfeit coin to his shop counter. It was against the law at this time to 
possess a counterfeit coin unless it had been defaced, in preparation forturning it in for scrap. This 
was often done by cutting it in half, bending it or holing it. We see this act by the baker is, in fact, 
hypocritical in that he immediately removes it [whipt me up again] and passes the counterfeit 
halfpenny to his next customer, in change. 

56. Your humble Servant was a standard ending to a letter in Georgian times. The name 
Turnpenny is a play on the words, “to turn a penny” meaning to keep money in circulation. 

57. J.G. Rusher printed and sold books other than children’s books. Listed here are a collection 
of sentimental poems, several history books, a joke book, an illustrated song book and a book of 
math tables! 

58. Without the woodcut, the phrase with dog and string might not be clear, but as can be seen, 
it refers to the blind street performer who earns money from passers-by by playing a violin, the 
string. His dog, being both companion and guardian to the blind man, is also guardian, no doubt, 
to the halfpence in the hat on the ground in front of him. 






August 1 997 THE COLONIAL NEWSLETTER Sequential page 1 725 


END NOTES AND OBSERVATIONS 

This informative children’s story provides sev- 
eral important, historic insights into the pro- 
duction, distribution and circulation of coun- 
terfeit coins in 18th century England. 

PRODUCTION 

Birmingham, a major location for the produc- 
tion of counterfeit halfpence, is mentioned 
both in the title and within the text. Industrial- 
ization, that is, mass production by machine, 
was developing at a rapid pace in central 
England in the 18th century. Advances in 
mechanical technologies were applied, after a 
period of experimentation, by both the Royal 
Mint and counterfeiters, to the cost-effective 
production of coins. 

Most pre-George III counterfeit coins are cast 
[not all, but most] primarily because the ma- 
chines required to roll sheet, punch blanks 
and strike coins were very scarce. The Indus- 
trial Revolution changed all that. We usually 
think industrialization means that machines 
produce products quickly and cheaply, but it also means that machines produce machinery quickly 
and cheaply. Thus, production machinery of all kinds, that had not been available oronly available 
for a huge capital investment, was being made and marketed from several sources in England, 
each actively competing for a vast spectrum of customers. We learn from the text a startling fact, 
namely, that even the community of beggars operated a mint in central London! In Birmingham, 
coins of several monarchs and, perhaps, different denominations were being produced at the 
same time. 

The story also provides two cost estimates forthe production of counterfeit halfpence, in context, 
tied to Birmingham production; one at about eight counterfeits to the regal penny and the other at 
about nine to ten to the regal penny. That comes out to about four to five counterfeit halfpence 
to one regal halfpenny. Although there is only about a farthing’s worth of copper in a regal 
halfpenny, and even less in the counterfeits [about 100 grains on average as compared to the 
nominal regal weight of 1 50 grains] this alone does not fully explain the two cost estimates in the 
story. Even when one factors in contemporary wholesale prices for scrap copper, there still 
remains a gap that would preclude a profit sufficient to compensate forthe risks of imprisonment, 
seizure of assets or even death. [Statute 1 1 , George III, Chapter40, page 231 , “Ifany person after 
24th June 1771, shall buy, sell, take, receive, pay or put off any counterfeit copper coin, not melted 
down or cut in pieces, at or for a lower rate or value than the same by its denomination, imports, 
or was counterfeited for, he shall be adjudged guilty of felony.”] To understand this puzzle we must 
change the way we think about calculating the cost of a crime. We must think from the criminal 
point of view. If one is going to commit the crime of counterfeiting [a very high crime, indeed] then 
it is reasonable to assume that some, or perhaps most, of the necessary copper was procured 
through arrangements other than legitimate markets, theft not being the least probable. The fact 


Pity the plaint of lame and blind, 

Who oft your charity implore, 

Who cannot work their food to find, 
Nor else than beg from door to door. 



Thus this blind man, with dog and string,®® 
Most piteous cries, Your alms bestow, 
His tale of grief does say or sing, 

A Halfp’nny give, relieve my woe. 



August 1997 


THE COLONIAL NEWSLETTER Sequential page 1 726 


that the beggar community could keep a foundry in central London supplied with input material is 
testimony to an active black market in metals. 

DISTRIBUTION 

A middleman played a key role in the distribution of counterfeit coins. Large quantities of 
counterfeits were purchased at the source of production and transported to a population center, 
in this case, London. The middleman, after adding his commission, sold them, in smaller 
quantities, to retailers who needed change in order to trade their goods and services. The 
motivation for the retailer to participate in the final stage of distribution and the first stage of 
circulation is obvious; by making change with counterfeit coin, his profit margin per sale increased. 
This is the foundation concept behind essentially all token transactions. 

We must keep in mind that the middleman, not just the counterfeiter, was a big risk-taker in this 
process since mere possession of counterfeit coinage was unlawful. However, the middleman 
had the flexibility to exercise a considerable range of behaviors in carrying out his business; 
trafficking being more dynamic than the production stage, by its nature, fixed in location. Thus, 
the middleman, a major risk-taker, was also a major profiteer. The frontispiece woodcut of the 
story shows the middleman in a night cellar with a ring of keys, unlocking a huge strong box. 

CIRCULATION 

This story provides the only reference I have located that describes the practice, by the beggar 
community, of actively pulling counterfeit farthings out of circulation. The story explains both the 
motive [to increase their chances as individuals that when given a farthing fortheir begging efforts, 
it would be a GOOD coin] and the means [the community itself operated a foundry thus providing 
a buyerfor accumulations of scrap metal]. As far as counterfeit halfpence are concerned, we are 
treated to a vivid lesson in economics, namely that bad money drives out good. Everyone, from 
the toothpick vendor and pamphleteer [like J.G. Rusher himself, to some extent] to the link-boy 
and the parish girl, were affected. The counterfeit coins settled to the lowest economic 
strata. ..down to the day laborer, the barrow-women and the prostitute. We often think of 
counterfeiting as a crime against the government, but as our story clearly illustrates, it is also a 
crime against the poor.. .“the greatest sufferers are undoubtedly the numerous fraternity of 
beggars,” the introduction foreshadows on page ii. 

And, finally, as all good children’s stories should be, this one is entertaining in presentation, 
informative in content and moral in intent. <30 



August 1 997 THE COLONIAL NEWSLETTER Sequential page 1 727 


APPENDIX 



Legends: 

Obverse: W'" RUSHER HATTER BOOKSEL'^ & STATIONER • BANBURY • 
bust, Va facing 

Reverse: • SOL • ET • SCUTUM • DEUS • EST • NOBIS 
[God is Sun and Shield for us.] 
full facing sun with rays 

Edge: + PAYABLE AT BANBURY OXFORD OR READING 
incused capital letters 

Diameter: 28mm (typical) 

Weight: 150 grains (typical) 


* Editor's Note: The William Rusher token is a British provincial token issued during the latter half 
of the 1 8th century. During this period a large number of provincial tokens were minted, initially by 
tradesmen, to facilitate trade because small change was in short supply. Today, in America, the series 
is often referred to as Conder Tokens because James Conder compiled and wrote in 1798 the first 
definitive description of these tokens. The standard reference today was written in 1910 by R. Dalton 
and S. H. Hamer and is titled The Provincial Token-Coinage of the 18th Century. 

The Rusher token is cataloged in Dalton and Hamer (page 222) as Oxfordshire, Banbury 1 and is 
listed with two different edges, a plain edge and the above specified lettered edge. The lettered edge is 
fairly common while the plain edge is rare. 


Allan Davisson reprinted Dalton and Hamer in 1990 where he added 29 pages of additional details on 
the series. GAT